Hand v Brown [2021] NSWCATAP 228

Hand v Brown [2021] NSWCATAP 228

The rental bond, paid from the parties' joint property for their joint benefit, should be divided equally between them in the absence of evidence showing a different intention; the Tribunal erred as a matter of law in finding otherwise.

Parties
Appellant: Paul Christopher Hand; Respondent: Simone Louise Brown
Jurisdiction
Australia
Judgment Date
27 July 2021
Procedural Posture
Appeal / Hearing and Determination of Internal Appeal in Appeal Panel
Outcome
Appeal allowed. Orders below set aside. Partial award to respondent only.
Legal Topics
Error of Law, Residential Tenancies Act 2010 (nsw), Rental Bonds, Payment and Release, Entitlement to Bond by Co Tenants
Tenancy Appeals Error of Law Residential Tenancies Act 2010 (nsw) Rental Bonds Payment and Release Entitlement to Bond by Co Tenants

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Parties

Paul Christopher Hand

Appellant

Simone Louise Brown

Respondent

Procedural Posture

Appeal / Hearing and Determination of Internal Appeal in Appeal Panel

Legal Issues

  1. 1 Whether Tribunal erred in awarding whole rental bond to one co-tenant given bond was paid from joint property for joint benefit
  2. 2 Whether source of money for payment of bond is determinative of entitlement between co-tenants
  3. 3 Whether procedural fairness was denied by late/non-disclosure of documents

Ratio Decidendi

The rental bond, paid from the parties' joint property for their joint benefit, should be divided equally between them in the absence of evidence showing a different intention; the Tribunal erred as a matter of law in finding otherwise.

Court Disposition

Appeal allowed. Orders below set aside. Partial award to respondent only.

Orders

  • The appeal is allowed.
  • Set aside order 1 made by the Tribunal on 29 April 2021.